Smoking bans for private businesses

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MovingTarget

Diamond Member
Jun 22, 2003
9,001
113
106
How does the interstate commerce clause, as you understand it, apply to a local bar or restaurant?

IIRC, the commerce clause has already been tested to apply to "local" businesses such as restaurants, hotels, stores, etc. back during the civil rights movement. Just because the majority of the clientele is local doesn't mean that all of them are. I know you probably don't agree with this sentiment, but that is how that clause has been interpreted for quite some time.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
IMHO private businesses should be able to do whatever they want for the most part. Yes, having sex with kids inside should never be allowed...but if they wanted to ban anyone under 6 feet tall or required one to wear a certain outfit or make X amount of dollars a year, etc should be allowed.

If a private business wants to profit from allowing smoking to continue they should be able to.

I personally like no smoke, but where the fun is tends have it. Those people helping with that fun have their wants too.

This is all about our future move to a more socialist country with GMAN mandated health care.

DO NOT WANT!
 

IronWing

No Lifer
Jul 20, 2001
69,475
27,749
136
This is all about our future move to a more socialist country with GMAN mandated health care.
No it's not. OHSA was passed, government health care was not (except for Medicare as the private insurance industry didn't want all those geezers who actually got sick).
 

bamacre

Lifer
Jul 1, 2004
21,030
2
61
IIRC, the commerce clause has already been tested to apply to "local" businesses such as restaurants, hotels, stores, etc. back during the civil rights movement. Just because the majority of the clientele is local doesn't mean that all of them are. I know you probably don't agree with this sentiment, but that is how that clause has been interpreted for quite some time.

Correct, I do not agree with that interpretation. It lacks any and all respect for private property rights.
 

cubby1223

Lifer
May 24, 2004
13,518
42
86
IIRC, the commerce clause has already been tested to apply to "local" businesses such as restaurants, hotels, stores, etc. back during the civil rights movement. Just because the majority of the clientele is local doesn't mean that all of them are. I know you probably don't agree with this sentiment, but that is how that clause has been interpreted for quite some time.

Yea yea yea, the "commerce clause" has been tested to pretty much bypass the entire rest of the constitution, and grant powers to the U.S. Congress to do whatever they want whenever they want.

What's your point?
 

fskimospy

Elite Member
Mar 10, 2006
84,710
49,291
136
IMHO private businesses should be able to do whatever they want for the most part. Yes, having sex with kids inside should never be allowed...but if they wanted to ban anyone under 6 feet tall or required one to wear a certain outfit or make X amount of dollars a year, etc should be allowed.

If a private business wants to profit from allowing smoking to continue they should be able to.

I personally like no smoke, but where the fun is tends have it. Those people helping with that fun have their wants too.

This is all about our future move to a more socialist country with GMAN mandated health care.

DO NOT WANT!

So you support segregation? After all it's private business deciding not to serve black people.
 

zsdersw

Lifer
Oct 29, 2003
10,560
2
0
The employer/employee relationship is symmetrical. Employers need employees and employees need employers. Neither is guaranteed to find a perfect match for themselves. It is up to each of them to decide the way forward.

Private businesses can decide on their own if they want to be smoke-free... if there is a compelling reason to do so either by way of their employees (present or potential), their customers, or a combination of both. This has happened and continues to happen across America, which makes absolute smoking bans among the worst kind of laws: unnecessary ones.
 
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zsdersw

Lifer
Oct 29, 2003
10,560
2
0
The government has the ability to regulate lots of harmful things that private businesses might do to their employees or customers. There is no nationwide ban on smoking inside private facilities, only federal ones. All the other bans come from state and local level people deciding that they don't want it to be that way in their town. They certainly have the authority to do so, and it results in a policy that the vast majority of people like, smokers included.

If a business owner doesn't like it, he's free to go move his business somewhere else. I thought you guys were all about states and local control?

It doesn't matter what level of government is involved.. it's still unjust. "Harmful things", as I suspect you're referring to, are different from smoking. These absolute smoking bans are akin to a law that forces restaurant kitchens to be rigorously climate controlled so kitchen workers don't get too warm.

The stupidest thing about these bans is how they're aimed (by implication) at restaurants and bars/taverns; places that are extremely sensitive to the wants/desires of their customers and places in which competition for customers and, to a degree, employees is very high. Surely the people who have a problem with smoking are already going to and working at restaurants and bars that don't permit smoking... before any such ban was enforced.
 
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IronWing

No Lifer
Jul 20, 2001
69,475
27,749
136
It doesn't matter what level of government is involved.. it's still unjust. "Harmful things", as I suspect you're referring to, are different from smoking. These absolute smoking bans are akin to a law that forces restaurant kitchens to be rigorously climate controlled so kitchen workers don't get too warm.

The stupidest thing about these bans is how they're aimed (by implication) at restaurants and bars/taverns; places that are extremely sensitive to the wants/desires of their customers and places in which competition for customers and, to a degree, employees is very high. Surely the people who have a problem with smoking are already going to and working at restaurants and bars that don't permit smoking... before any such ban was enforced.
No, they are regulating workplace exposure to a known carcinogen. You are correct that restaurants/bars should not be singled out. The ban should apply to all workplaces.
 

Jaskalas

Lifer
Jun 23, 2004
33,565
7,618
136
I hate smoke and dislike smokers.

The idea is great but the reality is tyranny. I cannot support a ban on what people do on private property. There may be some conflict here with needing to protect the worker, but isn't that what Unions and individual choices are for?

Why do you need a federal smoking ban such as this?
 

zsdersw

Lifer
Oct 29, 2003
10,560
2
0
I hate smoke and dislike smokers.

The idea is great but the reality is tyranny. I cannot support a ban on what people do on private property. There may be some conflict here with needing to protect the worker, but isn't that what Unions and individual choices are for?

The worker can protect him/herself by finding another job. Restaurants and bars are not the only places to work, and some restaurants/bars go smoke-free on their own.. without a government mandate. I don't know of any retail store chain that permits smoking within the store.. or any fast food chain, for that matter.

If enough workers or potential employees refuse to work at a place that permits smoking, the business owner will either change the rules or go out of business.

Everyone, both employer and employee, should seek optimum relationships. Employers should find good employees and employees should find good employers.
 

fskimospy

Elite Member
Mar 10, 2006
84,710
49,291
136
It doesn't matter what level of government is involved.. it's still unjust. "Harmful things", as I suspect you're referring to, are different from smoking. These absolute smoking bans are akin to a law that forces restaurant kitchens to be rigorously climate controlled so kitchen workers don't get too warm.

The stupidest thing about these bans is how they're aimed (by implication) at restaurants and bars/taverns; places that are extremely sensitive to the wants/desires of their customers and places in which competition for customers and, to a degree, employees is very high. Surely the people who have a problem with smoking are already going to and working at restaurants and bars that don't permit smoking... before any such ban was enforced.

Being too warm is not equal to the inhalation of carcinogens.

I think the history of these bans shows pretty easily that they are quite popular with people in the states where it is implemented, and yet that hadn't led to large majorities of establishments banning smoking in the past. So clearly, the bars aren't that sensitive to that desire.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
So you support segregation? After all it's private business deciding not to serve black people.

Well quite frankly if a private business wanted to serve only blacks, only chinese, only japanese, etc...leave it on the business. If the public kills it off, so be it. If it thrives, so be it.

I think I mentioned this above in my other post
but if they wanted to ban anyone under 6 feet tall or required one to wear a certain outfit or make X amount of dollars a year, etc should be allowed.
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
Grow up little boy. The Act passed and has been held Constitutional by the courts. Congress and the President recognized that the employer/employee relationship is not symmetrical. Employers wield power over employees and with this power should come responsibility. Employers were failing and Congress acted to correct it.

Grow up little girl, there's no slaves in America, people are free to work or eat somewhere else. You nanny statist are disgusting.
 

fskimospy

Elite Member
Mar 10, 2006
84,710
49,291
136
Well quite frankly if a private business wanted to serve only blacks, only chinese, only japanese, etc...leave it on the business. If the public kills it off, so be it. If it thrives, so be it.

I think I mentioned this above in my other post

I just wanted to be absolutely sure of your position before I called you retarded. Even a cursory examination of history shows how laughably horrible the idea you have here is.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
I just wanted to be absolutely sure of your position before I called you retarded. Even a cursory examination of history shows how laughably horrible the idea you have here is.

How so?

Like I said leave it to the businesses. If the PUBLIC doesn't buy then they will die.

Are you saying this is unfair?
 

fskimospy

Elite Member
Mar 10, 2006
84,710
49,291
136
How so?

Like I said leave it to the businesses. If the PUBLIC doesn't buy then they will die.

Are you saying this is unfair?

No, what I'm saying is that in reality that has clearly shown itself to be a horrible idea, specifically in the case of segregation.
 

fskimospy

Elite Member
Mar 10, 2006
84,710
49,291
136
you will need to explain that from a free business approach.

Segregation was perpetuated in large part through the systematic decision of private businesses to exclude black people. The government stepping in and infringing on their property rights in order to stop this was a good thing for America.
 

JSt0rm

Lifer
Sep 5, 2000
27,399
3,947
126
yes. as long as you have even 1 employee. You can not have a work environment that is detrimental to the health of your employees.
 
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